Fundamental Rights (Articles 12-35)
Enshrined in Part-III of Indian Constitution, Fundamental Rights are the basic human rights guaranteed by the Constitution of India. The six fundamental rights involves Right to Equality, Right to freedom, Right against exploitation, Right to freedom of Religion, Cultural and Educational Rights and Right to constitutional Remedies.
At first Right to property (Article 31) was also added in the Fundamental Rights. However, by the 44th Constitutional Amendment Act, 1978, it was deleted from the list of Fundamental Rights and made a legal right under Article 300A in Part XII of the constitution.
Fundamental Rights in India (Article 12-35)
The development of Fundamental Rights in India is heavily inspired by United State’s Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.
Fundamental Rights are added in Part-III of the Indian Constitution and is also known as Magna Carta of Indian Constitution.
These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their implementation, if and when their rights are being violated.
Features of The Fundamental Rights
• Some of the salient features of Fundamental Rights include:
• Fundamental Rights are protected and guaranteed by the constitution itself.
• Fundamental Rights are not hallowed or fixed : in the sense that the parliament can diminish them or put reasonable restrictions for fixed period of time. However, the court has the power to review the reasonability of the restrictions.
• Fundamental Rights are justiciable: The Constitution allow the person to move directly to the Supreme Court for the reinforcement of his fundamental right as and when they are deprived or violated.
• Suspension of Fundamental Rights: All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Article 20 and Article 21.
• Restriction of Fundamental Rights: The Fundamental Rights can be restricted during the military rule in any certain or specific area.
Article 12 : Defines The State
Article 12 of the Indian Constitution defines The State as:
• The Government and Parliament of India,
• The Government and legislatures of the states,
• All local authorities and other authorities in India are under the control of the Government of India.
Article 13: Defines Laws Inconsistent with or In disparaging of Fundamental Rights
Article 13 of the Indian Constitution states that:
• All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are irreconcilable with the provisions of this Part, shall, to the extent of such inconsistency, be void.
• The State shall not make any law which takes away or curtails the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
• In this article, unless the context otherwise required, – (a) “law” includes any authoritative order, order, bye-law, rule, regulation, notification, custom, convention or usage having in the territory of India the force of law; (b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously revoked, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
• Nothing in this article shall apply to any amendment of this Constitution made under Article 368.
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